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Home My WebLink AboutMINUTES - 05071996 - C21 TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: MAY 7, 1996 SUBJECT: WILDCAT CREEK/CONTRACT 3 PROJECT - NO. RICHMOND AREA Project No.: 7527-6D8602 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: & APPROVE Right of Way Contract, Bridge and Utility Easement Agreement, Easement Agreement and Option, and ACCEPT Grant Deed dated April 12, 1996 from the Bottoms Family 1989 Trust. B. AUTHORIZE Chief Engineer to execute said Right of Way Contract on behalf of the District. C. AUTHORIZE Board Chair to execute said Easement Agreements on behalf of the District. Continued on Attachment: X SIGNATURE- _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON May 7, 1996 APPROVED AS RECOMMENDED.Y OTHER_ VOTE OF SUPERVISORS X UNANIMOUS(ABSENT ) Ihereby crntifythat this Isatrue and correct copy of AYES: NOES: an action taken and entered on the minutes of the Board of Supervisorsn the hown. ACTED; May �/, 1`�a�e s6 ABSENT: ABSTAIN: PHIL BATCHELOR,Clerk of the Board RB:glo of Supervisors and County Administrator g:%realpropltemp\BO27.6 Orig. Div: Public Works(R/P) Contact: Ronald Babst(313-2226) cc: County Administrator Auditor-Controller(via R/P) P.W.Accounting Recorder(via R/P) 0 . 2 � Wildcat Creek/Contract 3 Project-N. Richmond Area May 7, 1996 Page Two D. APPROVE contract amount of$156,000.00 for said property rights for which $138,550 was withdrawn from the court deposit and AUTHORIZE the Auditor-Controller to issue a check for the contract difference of $17,450.00 payable to Old Republic Title Company, 3000 Clayton Road, P.O. Box 1086, Concord, CA, 94519, Escrow No. 185199 to be forwarded to the Real Property Division for delivery. E. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the office of the County Recorder. 11. Financial Impact: Payment of$17,450 is funded by Flood Control Zone 7 (100%). III. Reasons for Recommendations and Background: These property rights are required for the Wildcat Creek/Contract 3 project in accordance with the approved plans and specifications. In connection with this acquisition, easement agreements are required to provide relocated access to the owners' property across Wildcat Creek. IV. Consequences of Negative Action: The project will not have sufficient land rights to allow construction in accordance with the approved plans and specifications. Recorded at the request of: Contra Costa County Flood Control and Water Conservation District Return to: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: Ronald Babst Portion of Assessor's Parcel No. 409-312-004 and 409-320-011 Title Co. Order No. 185199 GRANT DEED For Value Received, WILLIAM F. BOTTOMS and MARY A. BOTTOMS, Trustees, BOTTOMS FAMILY 1989 TRUST, GRANTS to CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, the following described real property in the unincorporated area of the County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR-BOTTOMS FAMILY 1989 TRUST Date WILLIAM F. BOTTOMS, Trustee MARTA. 5&rbMS, rustee ATTACH APPROPRIATE ACKNOWLEDGMENT RDB:Io c:DE 1 bot.tl 2 Wildcat Creek Bottoms Parcels 1535, 1535T, 1535A PTN AP 409-312-001& 409-320-011 Drawing No. ED-766.8 EXHIBIT "A" PARCEL 1535 (Fee Title) A portion of that parcel of land described in the deed to William F. Bottoms et al., recorded December 4, 1989 in Book 15515 of Official Records at page 709, Records of Contra Costa County, State of California, described as follows: Commencing at the standard County monument at the intersection of the centerline of Brookside Drive and the easterly line of the main line of the Southern Pacific Railroad right of way as shown on the record of survey filed December 10, 1976 in Book 61 of Licensed Surveyors Maps at page 35 records of Contra Costa County, said monument bears north 58034'58" west 526.77 feet (record north 60001'00" west 526.78 feet) from another standard County monument marking the centerline of Brookside Drive as shown on said map (61 LSM 35); thence from said Point of Commencement along the easterly line of said main line of the Southern Pacific Railroad right-of-way, south 5012'03" west 1512.35 feet to the Point of Beginning for the herein described parcel; thence from said Point of Beginning leaving said line south 84047'56" east 210.64 feet to the beginning of a tangent curve concave to the south, having a radius of 459.00 feet; thence along the arc of said curve through a central angle of 0057'19" an arc length of 7.65 feet; thence south 83050'37" east 207.62 feet to the west line of the Atchison, Topeka and Santa Fe Railroad right of way; thence along said line south 5012'03" west 117.02 feet to a point which shall hereinafter be referred to as point "A'; thence leaving said point "A" north 83050'37" west 209.57 feet to the beginning of a tangent curve, concave to the south, having a radius of 342.00 feet; thence along the arc of said curve through a central angle of 0057'19", an arc length of 5.70 feet; thence north 84047'56" west 110.00 feet; thence south 5012'03" west to the centerline of Wildcat Creek; thence northwesterly along the meander of Wildcat Creek to the east line of the said main line of the Southern Pacific Railroad right of way, thence along said line north 5012'03" east to the point of beginning. Containing an area of 49,502 square feet (1.14 acres) of land more or less. RESERVING THEREFROM onto the grantor, temporary rights for ingress and egress across a portion of the above described Parcel 1535, to expire upon construction by the grantee of a replacement bridge and adequate access thereto, said temporary access being described as follows: Commencing at the northwest corner of Parcel 1535 described above; thence along the north line of said Parcel 1535, south 84047'56" east 134.64 feet to the Point of Beginning of the said temporary access easement; thence, from the Point of Beginning, continuing along the north line of Parcel 1535, south 8404756" east 42.00 feet, thence, leaving the . north line of Parcel 1535, south 5012'04" west 117.00 feet to.a point on the south line of Parcel 1535; thence, along the south line of Parcel 1535, north 84047'56" west 42.00 feet; thence, leaving the south line of Parcel 1535, north 5012'04" east, 117.00 feet to the Point of Beginning. Containing an area of 4,914 square feet of land, more or less. 1535T: T PARCEL ( emporary Construction Easement to expire at the end of construction or April 30, 1996, whichever occurs first) Beginning at point "A" as described in Parcell 535; thence from said Point of Beginning, along the south boundary of the above described Parcel 1535, north 83°50'37" west 209.57 feet; thence along the arc of a tangent curve, concave to the south, having a radius of 342.00 feet, through a central angle of 0057'19", an arc length of 5.70 feet; thence tangent to said curve north 84°47'56" west 110.00 feet; thence leaving said south boundary, south 5012'03"west 29.12 feet; thence south 8404308" east 216.62 feet; thence north 81048'00" east 111.68 feet to the point of Beginning. Containing an area of 7,755 square feet of land more or less. PARCEL 1535A: (Floating Easement) A portion of that parcel of land described in deed to William F. Bottoms, et al., recorded December 4, 1989 in Book 15515 at page 709 of Official Records of Contra Costa County, State of California, described as follows: A Nonexclusive floating access easement over a strip of land 20.00 feet in width with a minimum 50.00 feet centerline turning radius for any turns in said access strip, extending from the southerly boundary of the Wildcat Creek Flood Control Channel southerly to the south line of said Bottoms property (15515 0.R. 709) at the northerly boundary line of the public road known as Market Avenue. The location of said floating easement to follow driveways or access routes on said Bottoms lands as they may be located or relocated in this area from time to time or by such other route mutually agreeable between the parties hereto. In the event Grantee determines that said floating easement is no longer necessary for its purposes then all rights of Grantee in and to said floating easement shall thereupon cease and terminate and title thereto shall revert to and vest in Grantor. Grantee shall execute any quitclaim deed required in this regard. Bearings and distances used in the above descriptions are based on the California Coordinate System Zone III (CCS27). To obtain ground distance multiply distances used by 1.0000641. These real property descriptions have been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: Licensed Land Surveyor Contra Costa County Public Works Date: 2yp `3 6 �o.5M BLS:'199 I to ex:p1535.exb O�F 1` 2/8/96